UPDATE: Jury picked in police oppression trial

KEN FOUNTAIN

Published 12:00 am, Monday, April 5, 2010

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Beaumont police officer David Burke walks into Layne Walker's courtroom with his wife Monday afternoon during the jury selection process of his trial for using excessive force in a 2007 traffic stop. Guiseppe Barranco/The Enterprise less

Beaumont police officer David Burke walks into Layne Walker's courtroom with his wife Monday afternoon during the jury selection process of his trial for using excessive force in a 2007 traffic stop. Guiseppe ... more

Photo: Beaumont

UPDATE: Jury picked in police oppression trial

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A lawyer selected a three-man, three-woman jury in the official oppression trial of Beaumont Police Officer David Todd Burke. 252nd District Court Judge Layne Walker told jurors to report Tuesday.

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Jury selection has begun in the case of Beaumont Officer David Todd Burke.

After questioning 35 prospective jurors, prosecutors and defense attorneys are now making their strikes to whittle the jury down to six for the misdemeanor case.

Prosecutor Pat Knauth told jurors they would be bringing their perspectives of what is right and wrong to the case.

"I anticipate the main issue in the case is whether Officer Burke committed an unlawful act, and if in fact he did commit an unlawful act, did he know it was unlawful at the time," Knauth said.

He said he might present evidence that describes what Burke said after the incident, which involved hitting Derrick Newman with his baton, in efforts to cover it up or minimize it.

Defense Attorney Joseph "Lum" Hawthorne said he took exception to Knauth telling jurors they must decide between right and wrong.

"It would be anarchy if we just put some facts out there and y'all just take them and run with them," Hawthorne said. He said jurors are legally obligated to follow the law.

Hawthorne said he plans to call expert witnesses to educate jurors on police procedures, including calling the people who taught Officer Burke the procedures.

He added that there were several issues they will consider in the course of the trial, including how much force an officer is able to use when searching a suspect who offers resistance.